Potential Driver Left Drug Test....Now What!

Discussion in 'Trucking Industry Regulations' started by 68Goat, Jan 18, 2021.

  1. 68Goat

    68Goat Light Load Member

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    So....I sent a potential new driver in for a drug test on the 16th of Jan. This was the last part of his pre hire....then he was going to start driving for our small company. Anyway. The lady called me from Concentra and told me that the temperature of his sample was bad. That they wouldn't accept it because he obviously brought that sample from home. She said it had to be between 90 and 100 degrees and it wasn't close. So....what they do then is give the driver the news and tell them that he will have to submit to a test where they actually watch you pee in the cup. Now....here's the problem. He hauled ###. He didn't submit and won't answer my calls or texts, of course. But I have a decision to make. When he left, he started a chain that has been put in place by the DOT that is official and has repercussions. The screener sent an email with the official docs that show what went down. And now I have to decide if it is/was a refusal and if the results should go to DOT. If I do declare it as a refusal then he would have to submit to SAP drug/alcohol counseling before he can drive again. Here's the thing. I don't want to screw with any man's life or well being but he clearly tried to cheat on his test. He doesn't need to be on the road with 45,000 lbs in the trailer. What do you all recommend? Another dude thinking he's smarter than everyone else. I guess he didn't realize that when he left....that's a serious deal.
     
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  3. JonJon78

    JonJon78 Road Train Member

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    That's his problem...

    Just think if he did pass the test using the fake urine then a couple weeks down the line, gets in a major wreck that has fatalities...

    Now the DOT takes him for a post accident test and it comes back dirty, because he doesn't have the "fake urine" available at that time....

    Your company would be included in the lawsuit...

    Screw him. He's a big boy, let him go work at McDonald's
     
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  4. T.Rucker

    T.Rucker Light Load Member

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    I understand you not wanting to mess with his life, but he made his choices and he shouldn’t be on the road in a commercial vehicle. As his potential employer you dodged a bullet because he ran. Future lawsuit avoided. Now, he has to face the consequences of whatever game he’s playing....drugs and trucking don’t mix...period.

    I say report it to DOT. He made his bed....
     
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  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    You've answered your own question. He tried to get one over. Got caught. Took off when they were going to watch him pee. Won't answer your calls. He's using drugs.
     
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  6. tlalokay

    tlalokay Medium Load Member

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    Do you have have to report it as a refusal? What are the repercussions if you don't?

    I'm inclined to say that unless you have a legal obligation to say it was a refusal or unless you or your business are impacted by not doing so, then leave the man alone.

    No one on this forum or in that clinic knows 100% why the guy left. Sure, there is an overwhelming presumption, but that's not what should cause a man's livelihood to be messed with.

    If anything, I would be grateful that you use a reputable clinic like Concentra that takes such steps to ensure accurate test results.
     
  7. buzzarddriver

    buzzarddriver Road Train Member

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    Follow standard reporting procedures to cover your behind. You owe him/her nothing.
     
  8. T.Rucker

    T.Rucker Light Load Member

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    You are right. No one knows 100% why he ran. However, when you bring urine to a DOT drug test....that shows premeditation...not innocence. And the fact that he ran and didn’t try to explain. Oh, and now won’t answer the phone or text. Yeah, we don’t know why he ran, but it ain’t something innocent...
     
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  9. buddyd157

    buddyd157 Road Train Member

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    as stated, you owe the druggie NOTHING......!!!!

    if YOU DO NOT report this, and someone else hires him, some how, some way, it's GONNA COME BACK ON YOU...why..??? cuz Concentra already did thier part...

    CYA.......!!!!!!!

    screw him, if he's a big enough BOY to mess with drugs, he's big enough to wreck and cost a company MILLIONS of dollars, that again....can come back to YOU...!!!!!
     
    Last edited: Jan 19, 2021
    Reason for edit: spelling corrections
  10. buddyd157

    buddyd157 Road Train Member

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    he might be pregnant......

    he might be a he/she.....

    seriously.......though......the o/p should do the right thing.....or face the consequences in the future.
     
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  11. xsetra

    xsetra Road Train Member

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    This is the reason the feds started the clearinghouse. File your paperwork and be truthful.
    As you explained the situation, it sounds like he refused to test.

    What does it sound like to you, when you read your own post?
    You're not messing with his career. He did that with no help from you. He knew a pee test would be required. He couldn't stop long enough to clean up.

    My guess is he wasn't clean. Nobody needs him in a truck. Nobody.

    Good luck finding a replacement.
     
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